I.P. Mukerji, J.

This suit is concerned with easementary rights. It relates to the exercise of an alleged right to obtain uninterrupted ancient light to a building, by ITC Ltd., the plaintiff, and its owner, against Chowringhee Residency Private Limited, the defendant. The plaintiff, is exercising this alleged right as dominant owner of Fountain Court comprised in premises no. 7/1 Little Russell Street Kolkata 700071, also known as Nandalal Bose Sarani over the defendant, the servient owner of a property on its western side. What is under consideration, by me, is an interim application in aid of the above suit, taken out by the plaintiff for an order of injunction restraining the defendant from interfering with the plaintiff’s access to and use of light.

This premises comprises of about 2 bighas 1 cottah 3 chittacks and 13 square feet of land. It has this five storied building, Fountain Court, used for residential purposes. Some of the directors and other most senior officers of the plaintiff reside here. It was purchased by the company on 13th November, 1956. The western part of the building is allegedly affected. It has 43 windows. Up till 1973, it had 30 windows. 13 were added that year. The height of this building is about 67 feet 6 inches.

At the time of purchase of this property, there also existed another five storied building on its western side. The plaintiff says that the alignment and height of this building was such that its existence did not cause any interference with the plaintiff’s access to ancient light. This building was also 67 feet 6 inches tall. It was subsequently demolished. The land on the western side of Fountain Court was mostly open space. There was only a damaged building on Chowringhee Road which did not cause any interference with the plaintiff’s access to light.

All this changed in 2013. The western side of Fountain Court comprising 42B Chowringhee Road, Kolkata was acquired by the defendant. They started laying the infrastructure and bringing in equipments and machinery, what seemed like, for the purpose of making a massive construction.

The plaintiff enquired of them about their plans by their letter dated 5th March, 2013. They were completely taken back by the reply of 12th March 2013, A residential building was to come up at the site. It was to be a tower about 240 metres tall. 60 stories were to be built. Building sanction had been accorded by the Kolkata Municipal Corporation. It is admitted by the plaintiff that as early as 18th February 2013, they had a sketch of the proposed building.

The lateral distance between the boundary of Fountain Court and the proposed building was stated to be 16.35m – 16.75m whereas the total separation between the two buildings would be 20.72m, according to the report of M/s. Ingram Gordon & associates referred to later.

According to the plaintiff, if this building block was allowed to come up, it would substantially obstruct the passage of this ancient light to Fountain Court. This would cause substantial deprivation of light to its western side and also to the building as a whole. They claim to be using this ancient light, as an easementary right uninterruptedly, from 1956, their purchase of the premises. Since this enjoyment, according to them, was well over 20 years, their easement right had become absolute and indefeasible. Hence, this suit.

The explanation in the plaint is that upon learning about the proposed construction by the defendant, the plaintiff started studying its impact on Fountain Court. Their date of engagement is not disclosed in the petition but it is said that a firm of English experts on light M/s Gordon Ingram and Associates was engaged by the plaintiff to make a study of this situation and to report.

It appears from the report of Mr. Gordon Ingram, the senior partner that on 6th June 2013 they received instructions to do their work. They made site inspection on 12th and 13th June. The report came only on 19th July 2013.

Thereafter, it